ELD Compliance, 30 Days in the Hole

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Brotha D, Jan 21, 2018.

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  1. Misesian

    Misesian Road Train Member

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    I don't believe the ELD mandate is all about safety but it removes those that carry this attitude from the road. I've seen a lot of social media activity and many callers into radio shows regarding this and their arguments are rooted in economic justifications for disregarding the rules and the argument that they are a free American and shouldn't be monitored by the government.

    The government is not tracking you. Your HOS is only visible to you, the carrier, and the ELD company. The only time the government has access to it is during roadside inspection or an FMCSA safety audit. This is exactly how paper logs worked. The ELD mandate is only a change in how HOS are recorded, nothing else has changed.

    I don't understand why you and others of similar opinion take running "only 2500 miles" or less to suggest those of us doing that are somehow less of a driver or business owner. I have months where I've only driven 9800 miles and made just as much as months where I drive 11k. More miles isn't a good measure of making money or, more importantly, profitability.

    In your example of waiting on picks and having to drive 2000 miles and the suggestion that an ELD makes this impossible; Going forward as shippers feel the squeeze you should be insisting on actual appointment times and probably an additional day of transit. If you want to haul cross country freight you'll need to do it in a way that allows you to run recaps and drive 9.5 hours a day and you'll never run out. And if you know on the front end that a place is closed and put yourself in a position that requires violating HOS, why not do something short to burn a day or two and then get the long haul out? That is what I do, and run recaps, I never run out of hours.

    Since running my own authority I haven't had issues where I've had to fudge logs to make appointments. If you can't do it, say no, there's always something else you can run.

    As you said, you aren't going to let the enforcement stakeholders stand in your way of providing for your family and getting home safe. I have friends that hold the same view and if making money and getting home when you want, regardless of how you do it, is really your primary concern than the ELD mandate is doing what it was designed to do by pushing you in the direction of leaving the industry. I have no doubt you're an experienced guy and all of the other things you said about yourself but the idea of forced compliance provided by the ELD mandate will remove from the industry those that are out for themselves and their bank account and those that don't view it as a safety sensitive, commercial enterprise.

    Paper logs made the job fun and easy, I'll give you that. ELDs take away the ability to give yourself "flexibility", as some say, to cover your short comings. No established carriers will be affected by this as they follow the rules already but for small guys like many that visit this forum , will be forced to make a decision; Can I run a trucking business without the flexibility of paper or do I take my money and run?

    I myself am only a one truck guy with my own MC and running an ELD from day one hasn't stopped me from running a profitable business. If the broker doesn't want to commit on appointment times I don't take the load and hope for the best. I make sure every load has the time I need to get it done. I only drive 60 MPH everywhere I go and I don't take loads that put me in a position where I have to drive fast and furious to do it.

    There is so much opportunity right now to run a profitable business but so many lack the patience for it and respect for the rules that govern it to do so. If you have the experience you say you do, I don't see why you don't run compliant, change your driving habits and running area, and still make good money and be home when you need to be. There are so many options right now.
     
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  3. Brotha D

    Brotha D Light Load Member

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    I appreciate your response, you make some valid points. However, I think you may be failing to grasp the whole picture, at least from my perspective.

    My "attitude" has far less to do with the economic impact of the mandate (though it is definitely a consideration) as it does with further government encroachment into an industry that is already over regulated, over taxed, and over burdened in more ways than one could possibly begin to list in this forum. Being an O/O yourself, you should be accutely aware of what I'm describing here. While I admire your success, I do not envy it. I have never had the desire to own my own truck. And while I have owned my own business in the past, I will never do so again, unless that business is an unregulated, cash only enterprise.

    This is not a one size fits all industry, not yet anyhow. Most drivers will never own their own truck. Company drivers, particularly small company drivers will be the hardest hit by this mandate, it's happenning already.

    You say that the government is not tracking us, this simply isn't true. They are precisely tracking us, just not in real time. Surely you can see where this is heading.

    As for the safety side of things, guys like me will indeed be leaving the industry. Who will replace us? Just as earlier regulations led to lower wages and less qualified drivers, present and future regulation will continue the trend. Eventually, 90% of the trucks on the highway will be owned by a giant government subsidized corporate entity, and operated by some third world reject barely qualified to drive a taxi cab. If you don't see this, maybe you're just too focused on how good you've got it now. But trust me, it won't last.

    Every venture by government into the free market, of either ideas or industry, always and without fail meets a horrible end. Do I really need to list all the endless examples here?

    As I said, I appreciate your response. I simply ask that you endeavor to take a broader view of the situation. We've seen this movie before, in healthcare, housing, finance, education and on and on.

    Be safe out there.

    Postscript
    I just caught your handle. How in the world can an exponent of Austrian Economics, at the same time be an opponent of limited government? It may not be today, I've got maintenance and housekeeping chores, but I look foward to continuing this conversation.
     
    Last edited: Jan 21, 2018
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  4. AZ Pete

    AZ Pete Medium Load Member

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    Did you just wake up to the fact you were in a govt. regulated industry?
     
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  5. Brotha D

    Brotha D Light Load Member

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    Hey Pete, Isn't there"s a wrestling match on TV right now? Don't worry man, the adults can take it from here. Get back to your programming.
     
  6. AZ Pete

    AZ Pete Medium Load Member

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    Obviously not.
     
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  7. Gunner75

    Gunner75 Road Train Member

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    Looks that way.

    To the op, I fail to see where elog tracks you anymore than what paper logs do. Other than forcing you to be compliant with the laws on the books, the only issue I see is for the small owner ops with the increased cost of doing business. My elog doesn't force me to drive faster or more aggressive, that's all on me and my ability to control myself. I see many elog exempt trucks flying by me all the time in construction zones and lowered speed limit areas like major cities all the time.
     
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  8. O.Henry

    O.Henry Road Train Member

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  9. Misesian

    Misesian Road Train Member

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    I do advocate for limited government involvement in many aspects of life but the ELD is only a change in the method of recording HOS and not a new regulation. I have also said in other places that HOS is a problem. However, you can't change it if the driver utilizes the flexibility of paper logs to make up for everyone else's mistakes. By forcing everyone into strict compliance you can build a case backed by real data to support changes. In regards to regulation in general, I don't agree with the federal government strong arming the population. The Constitution grants the federal government power to regulate how interstate commerce operates so, I may not like what they do but it is a Constitutionally granted power.

    An example of my thinking that relates to trucking; If you look at what the EPA has done with trucks, I strongly oppose their actions and their authority. While, on the other hand, CARB is something I support as it is a State response to a pollution problem affecting a population. There are many other federal agencies making policy that should be left to the States and I am confident you'd arrive at the same result in their absence.

    You're right about the screen name. Regulations are important and have their place in a complex economy. I focus more so on economic manipulation federal and State governments through taxation, monetary policy, legislation, and spending and how this distorts an economy and produces crises like the housing crisis of recent history. Regulations are not a form of economic manipulation. I suppose some workplace regulations regarding minimum wage and the hiring and firing of employees could be considered a form of economic manipulation but that's the only one that comes to mind.

    Regulations make things more expensive and complex to comply but don't necessarily affect economic calculation. When I look at regulations I focus on where they originate and whether this is a federal issue or a State one. Many times States defer to the Federal government because, why get your hands dirty when you don't have to; And it shouldn't be that way. In the case of ELDs, it is a federal responsibility, while I don't agree with HOS, the federal government has the power to regulate it as they please.

    Change doesn't happen fast but I think the ELD will change a lot of things and not put responsibility on the driver to make up for everyone else's mistakes. I have already seen a change in how brokers are handling their freight and how some shippers and receivers have changed their rules. I've been to several plants that have let me drop my trailer and park while their yard driver moves it around so I can get a break in. They wouldn't let me do that before. I think by July through August most places will have action plans in place to handle the ELD reality. Company drivers do get the shaft here as you don't have control of your clock; the company does. If you're leased to someone or run your own numbers and have control of your loads you won't have a problem.
     
  10. Oxbow

    Oxbow Road Train Member

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    All good arguments, but this was done under the auspices of safety and in my opinion it will not improve safety. Those that spent money lobbying for this mandate did not in my opinion have safety in mind.

    HOS are indeed the problem, and compliance via ELDs hopefully will bring up the HOS rules and possible changes, although I'm not keeping my fingers crossed.
     
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  11. Sirscrapntruckalot

    Sirscrapntruckalot Road Train Member

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    Can ya'll stream the fight via the fite app? I've never seen two keyboard warriors duke it out before. ;)

    Sirscrapntruckalot - Worldstar! - Whoever wins the fight?
     
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